Chapter 4 Flashcards
Writ of Habeas Corpus
A writ of habeas corpus (“you have the body”) is an order that reuires jailers to bring a prisoner before a court or judge and explain why the person is being held.
Bill of Attainder
A law that inflicts punishment without trial
Ex Post Facto Law
A law that inflicts punishment for an act that was not illegal at the time it was comitted.
Incorperation Theory
The view that protections of the Bill of Rights apply to state governments through the 4th Amendment’s due process clause.
Establishment Clause
The part of the First Amendment prohibiting the establishment of a chuch officially supported by the national governement. It determines the legality of giving state and local government aid to religious organizations and schools, allowing or requiring school prayers, and teaching evolution versus creation.
Free Excersise Clause
The provision of the First Amendment guaranteeing the free exercise of religion. The provision constrains the the national government from prohibiting individuals frompracticing the religion of their choice.
Prior Restraint
Restraining an activity before it has actually occurred. When expression is involved, this means censorship.
Symbolicc Speech
Expression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct. Symbolic speech is given substantial protection by the courts.
Commercial Speech
Advertising statements, which have increasingly been given First Amendment protections.
Imminent Lawless Action Test
The current standard established by the Supreme Court for evaluating the legality of advocacy speech. Such speech can be forbidden only when it is “directed to inciting… imminent lawless action”.
